Conditions for release on parole, such as furnishing solvent sureties, should be modified or waived if they render the court's relief illusory due to the petitioner's financial incapacity.

Order

1. The present writ petition has been instituted on the basis of a communication sent by the Superintendent, Central Jail, Jodhpur dated 20.03.2025, whereby a handwritten application submitted by the petitioner–convict has been forwarded to this Court.

2. In the said handwritten application, the petitioner has stated that he has already been granted regular parole for a period of seven days by this Court vide order dated 05.03.2026; however, he is unable to avail the said relief on account of his financial incapacity to furnish two solvent sureties in the sum of ₹50,000/- each. It has been indicated that the petitioner belongs to a poor family and has no means to arrange such sureties. The petitioner has, thus, prayed that the condition requiring furnishing of sureties be relaxed and he be permitted to be released on personal bond.

3. This Court has considered the material available on record.

4. While passing the order dated 05.03.2026, this Court had already examined the case of the petitioner on merits and found him entitled to grant of regular parole. The condition of furnishing sureties was imposed to secure his presence; however, such condition cannot be permitted to operate in a manner so as to render the relief granted by the Court illusory or incapable of compliance.

5. Considering the financial incapacity of the petitioner, as reflected from the material on record, and keeping in view that the petitioner has already undergone a substantial period of sentence and has been found entitled to parole, this Court is of the opinion that the condition requiring furnishing of two solvent sureties deserves to be modified.

6. Accordingly, the writ petition is allowed to the extent indicated hereinabove. The condition imposed vide order dated 05.03.2026 requiring the petitioner to furnish two solvent sureties in the sum of ₹50,000/- each is hereby waived. It is directed that the petitioner shall be released on regular parole for a period of seven days, in terms of the order dated 05.03.2026, subject to his furnishing a personal bond in the sum of ₹1,00,000/- to the satisfaction of the Superintendent, Central Jail concerned.

7. All other conditions as stipulated in the order dated 05.03.2026 shall remain intact.